Condițiile de admisibilitate a probei constituite din înregistrările audio și/sau video efectuate cu mijloace tehnice și forța probantă a acestora
Conditions of admissibility of the evidence consisting of audio and/or video recordings made by technical means and their probative force

Summary/Abstract: The recordings made by technical means have not constituted, at least in civil matters, ever since the appearance of the devices that made them possible, an admissible evidence, not being regulated as such by the legislator in the past. In the new regulations, starting with the Law No 217/2003, including in the new Civil Procedure Code, in the conditions of the extended use of electronic means, both in the institutional framework and in the private life, the daily realities have imposed the use of the recordings with technical means as evidence.However, by operating a generalization, the possibility that the data of any kind to be fixed on a computer-based media has led to the penetration of this kind of probation both in the evidence with written documents, in the form of computer-based written documents, and in that of material means of evidence. The inclusion of the recordings, generically speaking, also in the category of material means of evidence generates problems both in terms of identifying their legal nature, with implications on their administration and storage regime, and in terms of establishing their admissibility conditions. The latter also raise the question of establishing the extent of the probationary area related thereto, respectively whether it should be restricted only to proving those legal relations which the facts of legal relevance involve, as well as which categories among these fall within the scope of circumstances likely to be proved in this way.For this purpose, but also in order to establish the meaning of the phrases that individualize such evidence, as the civil processual legislation is lapidary, it was necessary an incursion into the criminal processual one, a necessary approach inclusively in order to establish the legal regime related thereto. Finally, the issue of the legal regime of their preservation was also addressed. Two generic conclusions were distinguished, namely that, by this type of evidence, only legal facts can be proved, especially those generating legal liability, and that such evidence is admissible, in principle, under the conditions of the admissibility of the evidence with witnesses.

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